Smith v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

Porter, J.:

On the evening of June 7, 1907, D. P. Smith, an engineer in the employ of the defendant, was, running an engine pulling a freight train from Horton to Topeka. When about five miles from Horton, at the foot of a long, steep grade, and at a tangent of a curve, the engine was derailed and the plaintiff received injuries to recover damages for which he brought this action. The jury returned a verdict in his favor for $2000, and the defendant appeals.

The engine which the plaintiff was running belonged to the 1600 type or class, very large and…